LegalizeS.I. No. 581/2011 - Rules of Procedure (Defence Forces) 2011
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2019-11-12, S.I. No. 555/2019 - Rules of Procedure (Defence Forces) 2019
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 18th November, 2011.
I, ALAN SHATTER, Minister for Defence, in exercise of the powers conferred on me by section 240 (as amended by section 9 of the Defence (Amendment) Act 2011 (No. 17 of 2011)) of the Defence Act 1954 (No. 18 of 1954) and of all other powers enabling me in this behalf, hereby make the following rules:
1.
(1) These Rules may be cited as the Rules of Procedure (Defence Forces) 2011.
- (2) The Rules of Procedure (Defence Forces) 2008 ( S.I. No. 204 of 2008 ) and these Rules may be cited together as the Rules of Procedure (Defence Forces) 2008 and 2011.
2.
The Second Schedule to the Rules of Procedure (Defence Forces) 2008 is amended by substituting the following for Form 16:
“Form 16
Register Number:
DEFENCE ACT 1954, Section 212A(12)
RULES OF PROCEDURE (DEFENCE FORCES) 2008, rule 38
NOTICE OF APPLICATION TO REVOKE SUSPENSION OF SENTENCE
Director of Military Prosecutions Prosecutor
No .............. Rank ..............
Name.. Unit. Accused
Director of Military Prosecutions Applicant
WHEREAS an order was made by the ................................ Court-Martial under Section 212A(2) of the Defence Act 1954 on the ........... day of .................................. 20........ suspending the whole of /part of a sentence of imprisonment / detention imposed on you, the above-named offender of .................................................. and you were bound by a recognisance entered into by you under the said Section, to comply with the conditions of, or imposed in relation to that order, namely ........................................................
AND WHEREAS the applicant has applied under Section 212A(11)(b) of the above-mentioned Act to fix a date for the hearing of an application for an order revoking the order made by the ............................ Court-Martial suspending the whole of /part of a sentence of imprisonment / detention imposed on you
AND WHEREAS THE ..COURT-MARTIAL has fixed the date hereinafter stated for the hearing of that application
TAKE NOTICE THAT you the offender are required to appear before a ................................. Court-Martial at ..................................... on the ............ day of ........................................ 20........ at ................ hours for the hearing of an application for an order revoking the order suspending
*the whole of the sentence
*part of the sentence
imposed on you on the ............ day of ........................................ 20........ as aforesaid.
Dated this ............ day of ........................................ 20........
Signed: __
Court-Martial Administrator
To Accused
To Commanding Officer of the above-named offenderName Rank Appointment.
*Delete where inapplicable
To be endorsed by the court-martial if the person is scheduled to be in prison or a detention barrack on the return date
To the Governor or Officer in Charge of .prison/detention barrack
THIS IS TO COMMAND YOU the Governor or Officer in Charge of .prison/detention barrack to deliver the above-named offender before a . Court-Martial at on the ............ day of ........................................ 20........ at hours to be dealt with according to law.
Dated this ............ day of ........................................ 20........
Signed: __
Military Judge/Circuit Judge
*Delete where inapplicable”.
GIVEN under my Official Seal,
12 November 2011.
ALAN SHATTER,
Minister for Defence.
EXPLANATORY NOTE
(This is not part of the Instrument and does not purport to be a legal interpretation)
These Rules amend the Second Schedule to the Rules of Procedure (Defence Forces) 2008 ( S.I. No. 204 of 2008 ).
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